Beta Test Site Non-Disclosure Agreement
We must receive the registration form
either by e-mail, fax or snail mail before you can begin in our
Beta Testing Program. If you have
previously been signed up as a Beta Tester, just send and e-mail
to beta@gtek.com, and let
us know what you are interested in testing. We will go from there.
The Parties. This Agreement made by and between GTEK, Inc.,
a corporation duly organized and existing under the laws and the
State of Mississippi with its principal place of business at P.O.
Box 2310, Bay St. Louis, MS 39521-2310 (hereinafter referred to
as "GTEK"), and the beta tester (hereinafter referred
to as the "Licensee" or "You"). WHEREAS, GTEK
has designed and developed proprietary software including documentation
(hereinafter called the "Licensed Program"); and WHEREAS,
both parties desire that the Licensee use, evaluate and conduct
tests and report to GTEK on and with respect to the Licensed Program;
GTEK, Inc. and the Licensee agree to the following:
- GTEK grants the Licensee a royalty-free, personal and non-transferable
license to use the program for the duration of the beta evaluation
period.
- License Terms:
- Use - You may use the Licensed Program on one computer system,
located at the Licensee's address to evaluate and test the program.
- Copies - You may make a back up copy of the Licensed Program
for the purpose of using the program on your system, archival
or emergency restart purposes. No other copies can be made.
- GTEK's FTP Site - all Licensees shall have access to GTEK's
FTP SITE for the purpose of downloading files and making reports.
This will be the only viable method of communicating with GTEK
regarding the Licensed Program.
- Obligations of the Licensee
- Copies of the Licensed Program are available from the FTP
SITE only. No copies will be forwarded on disk.
- Computer System - the Licensee is responsible for providing
all computer and other equipment and facilities necessary for
the evaluation and testing required under this agreement.
- Errors, Problems and Support - During the terms of this agreement,
the Licensee agrees to report to GTEK all errors, difficulties
or other problems encountered with the Licensed Program.
- Reports - Licensees will be considered active in the Beta
Test period for a period of 120 days from the date of this signed
Non-Disclosure Agreement. If the Licensee has not posted any communication
to GTEK, within that period of time, it will be the sole discretion
of GTEK to drop that person from the program. GTEK reserves the
right to remove a Licensee from the Beta Test program for any
reason.
- Confidentiality - GTEK and the Licensee agree that the Licensed
Program constitutes an "untested" product by GTEK. The
parties understand that the testing and quality assurance of the
Licensed program has not yet been completed, nor is the Licensed
program authorized for general release by GTEK. The Licensee agrees
to treat reports provided as CONFIDENTIAL to GTEK and will not
divulge the information contained in e-mail messages to any third
party. The Licensee also agrees not to disclose to any third party
that it is testing or has tested the Licensed program except at
the request of, or with written approval from GTEK, Inc.
- GTEK is not responsible for, and does not assume liability
for damage, loss of data, rerun time, inaccurate input, work delays
or lost profits resulting from the use of the Licensed Program.